4901:1-38-08
Revenue recovery.

(A)
Each
electric utility that is serving customers pursuant to approved reasonable
arrangements, may apply for a rider for the recovery of certain costs
associated with its delta revenue for serving those customers pursuant to
reasonable arrangements in accordance with the following:

(1)
The approval of the request for revenue
recovery, including the level of such recovery, shall be at the commission's
discretion.

(2)
The electric
utility may request recovery of direct incremental administrative costs related
to the programs as part of the rider. Such cost recovery shall be subject to
audit, review, and approval by the commission.

(3)
For reasonable arrangements in which
incentives are given based upon cost savings to the electric utility
(including, but not limited to, nonfirm arrangements, on/off peak pricing,
seasonal rates, time-of-day rates, real-time-pricing rates), the cost savings
shall be an offset to the recovery of the delta revenues.

(4)
The amount of the revenue recovery rider
shall be spread to all customers in proportion to the current revenue
distribution between and among classes, subject to change, alteration, or
modification by the commission. The electric utility shall file the projected
impact of the proposed rider on all customers, by customer class.

(5)
The rider shall be updated and
reconciled, by application to the commission, semiannually. All data submitted
in support of the rider update is subject to commission review and audit.

(B)
If it appears to
the commission that the proposals in the application may be unjust and
unreasonable, the commission shall set the matter for hearing.

(1)
At such hearing, the burden of proof to
show that the revenue recovery rider proposal in the application is just and
reasonable shall be upon the electric utility.

(2)
The revenue recovery rider shall be
subject to change, alteration, or modification by the commission.

(3)
The staff shall have access to all
customer and electric utility information related to service provided pursuant
to the reasonable arrangements that created the delta revenue triggering the
electric utility's application to recover the costs associated with said delta
revenue.

(C)
Affected
parties may file a motion to intervene and file comments and objections to any
application filed under this rule within twenty days of the date of the filing
of the application.